Stand Energy Corp. v. Cinergy Services, Inc.

Our firm represented Cinergy Energy Services, Inc. in a suit filed by Stand Energy seeking a declaration that it was not liable for failing to provide power under the terms of an "interchange agreement" due to force majeure.  Stand claimed that it could not afford to provide energy to Cinergy at the price agreed to in the contract when unseasonably hot temperatures resulted in unprecedent high hourly prices for electric power.  The Court of Appeals determined that economic hardship did not constitute a force majeure which would relieve Stand of its obligations under the interchange agreement.